News / National
Grandpa (73) jailed for sodomy
06 Aug 2013 at 08:59hrs | Views
A 73-YEAR-OLD man from Seke who sodomised his deaf and dumb eight-year-old grandson will spend the next six years behind bars. The man who blamed his actions on drunkenness denied aggravated indecent assault charges before Chitungwiza regional magistrate Ms Estere Chivasa but was found guilty after a trial.
He was sentenced to nine years in prison with three years of his sentence set aside for the next five years. In sentencing him, Ms Chivasa said it was quite disturbing that the boy could not give evidence in court since he could not communicate formally.
"It is quite disturbing that the complainant who is deaf and dumb could not be led to give evidence in court. I really do not understand what you intended to achieve since your wife was also at home," said Ms Chiavasa.
Ms Chivasa said the old man took advantage of the boy and molested him hoping that he was never going to report him.
"You abused the boy knowing fully that the case was never going to be reported due to his inability," said Ms Chivasa.
However, the court used the evidence of the person who witnessed the old man abusing the boy.
Prosecutor MsTafadzwa Makwande proved that on October 18 last year, and at around 8am, the old man was with his grandson in the dining room while his wife was taking a bath. The court heard that he took advantage of the situation and molested the boy. However, all hell broke loose when the man's wife sent their maid to collect her clothes from her bedroom.
The maid stumbled upon the sinister act with the old man promising to give her what ever she wanted.
Without saying a word, she left the room in a huff and informed another relative who came and saw the old man and the boy still undressed. He was later arrested after the boy's mother reported the matter to the police.
He was sentenced to nine years in prison with three years of his sentence set aside for the next five years. In sentencing him, Ms Chivasa said it was quite disturbing that the boy could not give evidence in court since he could not communicate formally.
"It is quite disturbing that the complainant who is deaf and dumb could not be led to give evidence in court. I really do not understand what you intended to achieve since your wife was also at home," said Ms Chiavasa.
Ms Chivasa said the old man took advantage of the boy and molested him hoping that he was never going to report him.
"You abused the boy knowing fully that the case was never going to be reported due to his inability," said Ms Chivasa.
However, the court used the evidence of the person who witnessed the old man abusing the boy.
Prosecutor MsTafadzwa Makwande proved that on October 18 last year, and at around 8am, the old man was with his grandson in the dining room while his wife was taking a bath. The court heard that he took advantage of the situation and molested the boy. However, all hell broke loose when the man's wife sent their maid to collect her clothes from her bedroom.
The maid stumbled upon the sinister act with the old man promising to give her what ever she wanted.
Without saying a word, she left the room in a huff and informed another relative who came and saw the old man and the boy still undressed. He was later arrested after the boy's mother reported the matter to the police.
Source - herald
